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(영문) 서울남부지방법원 2016.06.16 2015가단35090
손해배상(위자료)
Text

1. The Defendant’s KRW 9,00,000 as well as the annual rate of KRW 5% from July 26, 2015 to June 16, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who reported marriage on August 16, 2002 and have two children under the chain.

B. The Defendant, knowing that C had a spouse by marriage, committed an unlawful act, such as having a sexual intercourse, beginning with C and January 2015, and ending with C and the Defendant’s residence until August 2015.

C. C is in possession of photographs taken by the Defendant’s reflector form, and photographs taken by sending the Defendant’s and leisure time at the Defendant’s residence, and became aware of the Plaintiff’s illegal relationship with the Defendant.

[Ground of recognition] Evidence Nos. 1, 2, 16-1, 2, and 8-2 of Evidence Nos. 5-2, 3, 4, 7, and 8 of Evidence Nos. 5-2, 3, 4, 7, and the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(2) In light of the aforementioned legal principles, the Defendant is obliged to pay consolation money equivalent to the amount of emotional distress to the Plaintiff on November 20, 2014 (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201).

B. The scope of the Defendant’s liability for damages is the period during which the Defendant committed an unlawful act with C, the method or degree of fraudulent act, the marriage period of the Plaintiff and C, and its fraudulent act.

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